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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
G. K. Jagannatha Rao – Appellant
Versus
S. Bhanumathi @ Lekshmi – Respondent
| Table of Content |
|---|
| 1. factual background concerning conflicting claims of inheritance and marital status. (Para 1 , 2) |
| 2. jurisdiction of civil courts regarding marriage validity under the family courts act. (Para 3 , 4 , 6) |
| 3. finality of concurrent findings and reluctance to remand for redundant trials. (Para 8 , 13 , 14) |
| 4. evidence of marriage and presumption based on long cohabitation. (Para 10 , 12) |
JUDGMENT :
Easwaran S., J.
These appeals are from two suits and one counter claim. The appellant is the brother of late Raghunatha Rao. O.S. No. 172 of 2016 was filed by the wife and son of late Raghunatha Rao claiming that they have succeeded to the estate of Raghunatha Rao and are in possession of the property and that the defendant/appellant herein is intending to disturb the said possession and, therefore, prayed for injunction. A counter claim was lodged by the appellant stating that the 1st plaintiff is not the legally wedded wife of late Raghunatha Rao and that the appellant alone is the legal heir since Raghunatha Rao died without marrying. The appellant had also filed O.S. No. 217 of 2016, a suit for declaration that the appellant is the legal heir and entitled to succeed to the e
The bar under Section 7 of the Family Courts Act, 1984, regarding the validity of a marriage, is strictly applicable to disputes between spouses and does not preclude a civil court from determining m....
Civil Courts have jurisdiction to grant declaratory decrees concerning legal heirs and marriage validity; appellate courts must substantively analyze evidence.
Marriage – Proof of - while defining the word 'solemnize' in connection with a marriage under the Hindu Marriage Act, held inter alia, that word 'solemnize' means in connection with a marriage, 'to c....
The main legal point established in the judgment is the interpretation and application of the provisions of Section 7 of the Family Courts Act, Order 1 Rule 9 and Order 2 Rule 2 of the Code, and the ....
(1) No one should be vexed twice for same cause of action. Cause of action must be same for application of Order II Rule 2 of CPC.(2) Concept of Order II Rule 2 of CPC is alien to Family Court procee....
The main legal point established in the judgment is the determination of the status of the parties and their entitlement to shares in the ancestral property based on the evidence presented and the ap....
Concurrent findings of lower courts on property rights upheld, with no substantial questions of law arising in appeal.
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